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What notice periods apply to the employment agency and agency worker?

The notice period applicable to the employment agency may be different than those that apply to an agency worker. The notice period also depends on the type of agency work employment contract.

Agency work employment contract with an agency clause:
No notice period applies to the agency worker, but the agency worker does have the obligation to notify the agency at least one working day prior to termination. In the event of termination of an agency work employment contract that has been in place for more than 26 weeks, the employment agency is obliged to notify the agency worker at least ten calendar days in advance.

Agency work employment contract for a definite period and indefinite period of time:
The notice period depends on the duration for which the contract has been entered into or has lasted. This agency work employment contract can be terminated from the next working day, with due observance of the statutory notice period.

Statutory notice period:

“The notice period to be observed by the employer on the day that notice is given, is as follows:

  1. For an employment contract that has been in place for less than five years: one month;
  2. For an employment contract that has been in place for five years or more, but less than ten: two months;
  3. For an employment contract that has been in place for ten years or more, but less than fifteen: three months;
  4. An employment contract that has been in place for fifteen years or more: four months.

The notice period to be observed by the employee is one month.”

Source:
Article 15 of the CLA for Agency Workers
Section 7:672 of the Netherlands Civil Code

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Categories Questions Employment contract